SENATE BILL REPORT

SB 5371

BYSenators Fleming, Talmadge, Wojahn, McDermott, Rasmussen and Kreidler

Authorizing actions to remove discriminatory covenants from property deeds.

Senate Committee on Judiciary

Senate Hearing Date(s):January 27, 1987; January 29, 1987

Majority Report:  That Substitute Senate Bill No. 5371 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Carolyn J. Mayer (786-7465)

                  January 29, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 29, 1987

BACKGROUND:

Some deeds and other written instruments pertaining to real property contain covenants and restrictions which purport to restrict or forbid the conveyance, encumbrance, occupancy, or lease of property to individuals of a particular race, creed, color, national origin, or with any sensory, mental, or physical handicap.  These covenants, while void and unenforceable, are repugnant to many property owners and interfere with their free enjoyment of ownership.

SUMMARY:

A property owner may bring a declaratory judgment action in superior court to remove discriminatory covenants and restrictions from instruments pertaining to real property.  Necessary parties to the action are those individuals who have an ownership or lien interest in the property.  The fee for filing the action is $20.

EFFECT OF PROPOSED SUBSTITUTE:

An owner of property subject to a discriminatory covenant or restriction may cause the discriminatory provision to be stricken from the public records by bringing an in rem declaratory judgment action in the superior court of the county in which the property is located.  The title of the action shall be the description of the property.  The necessary party to the action shall be the property owner.  If the court finds any provision of the written instrument pertaining to the real property void under RCW 49.60.224, it shall enter an order striking the provision from the public records and eliminating them from the property title.

Fiscal Note:      requested

Senate Committee - Testified: Senator Fleming; Tom Dixon, President, Tacoma Urban League; John Gose, Attorney at Law; Marvin Stern, Director, Pacific Northwest Office of the Anti-Defamation League of B'Nai B'rith